If a cable company damaged our home and property but they are not willing to make good on all damage, what can I do to get compensation?

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If a cable company damaged our home and property but they are not willing to make good on all damage, what can I do to get compensation?

A local cable repairman came into our yard to work on a pole in the back yard. I gave him permission to be there. While on the property he cut a mature citrus tree in half vertically. In dragging the branches out he took a shortcut through our small wooden walk through gate rather than to go around to our large double gate. In doing so he damaged the gate and a trellis. The company seems willing to do quick and fast repairs to gate and trellis but, not to compensate us for our tree. We have lived here 9 years and have had many workers access that pole. This has never happened before.

Asked on August 22, 2012 under Business Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the cable company for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable cable company would have exercised under the same or similar circumstances to prevent foreseeable harm).  The cable company is liable for the negligence of its employee which occurred during the course and scope of employment.

Your damages (the amount of compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your property.  With regard to the loss of the tree, your damages would be either the value of the tree or the diminution in value of your property.


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